Help! My neighbour's garden is out-of-control: what can I do?

The result of a new survey by eflorist found a well-maintained, appealing garden can add around £20,000 to the value of a property. Homeowners in Chichester, Bognor Regis and across West Sussex can bank on an attractive garden adding even more value – up to £23,500.

When questioned the 2,000 UK residents said the most appealing garden feature was a neatly maintained lawn (27%). This was followed by colourful flower beds (17%), mature flowering shrubs (10%), well-defined borders (9%) and mature trees (8%).

Eflorist also established what outdoor aspects people found off-putting. Rubbish left in the garden (22%), and overgrown lawns and borders (13%) topped the list.

It’s not the first time surveys have sought to establish how much value a garden adds to property – and how much an overgrown example knocks a price down. Rarely, however, is there any advice about what people can do if a neighbouring property has been left to ‘rewild’.

Property owners generally have little to no control over what happens next door. There are, however, a number of instances when someone can formally take issue over the condition of a neighbour’s garden. These include:

• If a neighbour’s plants or trees are crossing into your garden: you can cut back the part of a neighbour’s tree or shrub that hangs over into your garden. Exceptions may be if the tree has a preservation order or if you live in a Conservation Area. You must not step into your neighbour’s garden to do this and any action you take shouldn’t kill the plant. You must also offer anything that’s removed back to your neighbour, as it’s still legally theirs.

• If a neighbour’s garden presents a health hazard: you can make a complaint to your local authority’s Environmental Health Department if the condition of a neighbouring garden attracts vermin, flies and disease. If deemed a public health risk or a statutory nuisance, the department can legally force your neighbour to tidy their garden.

• If a neighbour’s hedges are too high: the Government recognises that hedges are behind many garden disputes and its Over The Garden Hedge guidelines outline what steps should be followed. If you have no luck with an amicable conversation, you can involve a mediator or take the matter to your local council. Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about residential hedges if the specimen is:

• more than 2 metres tall
• growing on land owned or occupied by someone else
• made up of a line of 2 or more trees or shrubs
• mostly evergreen or semi-evergreen
• a barrier to light or access (even if there are gaps)

You can use the Government’s guide to hedge height and light loss to decide whether to formally complain.

• If your natural light is being blocked: not many people want a garden that’s always in the shade and there may be a case to complain if a neighbour’s tree or hedges blocks natural light reaching your garden. We advise reading the Government’s Rights To Light research and analysis before using The Right to Light Act 1959 to complain, as there are some quite particular details.

• If your neighbour’s fence is too high: there are rules around how high garden fences can be. If they are 2 metres or lower (around 6 feet 6 inches), they don’t need planning permission, although there can be exceptions if the property is listed or you live in a Conservation Area. If you suspect your neighbour’s fences are taller than 2 metres, you can check with your local authority as to whether planning permission was obtained.

• If your neighbour has Japanese Knotweed: Japanese knotweed, and other invasive plant species like bamboo, spread rapidly from garden-to-garden. Once present, the plants can damage concrete, patios, foundations, brickwork and fixings.

You can book a specialist to try and identify if an invasive species is present in a neighbour’s garden. They can only gain access next door if your neighbour allows them but they can observe out of windows and over your fence. If suspected, they can send your neighbour a report and you can open a conversation.

The Government’s Japanese Knotweed advice says ‘you do not legally have to remove Japanese knotweed from your land unless it’s causing a nuisance’ but ‘you must stop Japanese knotweed on your land from spreading off your property’.

If a neighbour’s invasive species is damaging your garden, you can report this to your local authority. They may be able to use the Anti-social Behaviour, Crime and Policing Act 2014 (ASBCPA) to issue a Community Protection Notice. Alternatively, you could consider a private nuisance claim through the courts.

Disclosing garden disputes when selling

If you have any ongoing disputes with your neighbours that involve garden boundaries, hedges, fences, trees or outbuildings, these will need disclosing when you sell. There is a section on neighbourly disputes on the TA6 Property Information Form. Sellers need to be honest or they can be sued by their buyer.

Disclosing Japanese knotweed when selling

It’s a common misconception that sellers only need to disclose whether Japanese knotweed is in their own garden but that’s not true. The TA6 form will ask ‘Is the property affected by Japanese Knotweed?’ If a seller answers ‘no’ they have to be 100% sure there is no knotweed (including underground roots or rhizomes) in the ground of the property or within 3 metres of the property’s boundary.

Knowing your rights should help both buyers and sellers in Chichester, Bognor Regis and across West Sussex. Our estate agents are available should you have any further garden questions, so contact White & Brooks.